L.MANOHARAN, K.MADHURI LATHA, R.VIJAYA KRISHNAN
K. E. RAJESH – Appellant
Versus
PRESIDENT, DISTRICT CO-OPERATIVE HOSPITAL – Respondent
Mr. Justice L. Manoharan, President—Complainant in O.P. 1153/98 on the file of the Consumer Disputes Redressal Forum, Thrissur is the appellant. Complainant alleged before the District Forum that he was admitted in the first opposite party-hospital for treatment, he underwent surgery in July, 1997, and the surgery was performed by the second opposite party. After the surgery he had severe pain. When he complained to the second opposite party, he was assured, in the course of time that would disappear by exercise. Inspite of exercise for a long period, the defect did not disappear. So he had to undergo another surgery. He is a manual worker; his endeavour to work and earn for his living is affected by the negligent treatment imparted by the opposite parties. Therefore, he wanted a direction to the opposite parties to pay compensation. Version was filed. The District Forum proceeded to hear the complainant’s Counsel and the respondent. On hearing them the District Forum dismissed the complaint holding that under Section 69 of Kerala Co-operative Societies Act (for short, the Act) the complaint is not maintainable before the Forum. The said dismissal is challenged in this appeal.
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